Milford Redevelopment & Housing Partnership v. Glicklin, 228 Conn. App. 593 (2024)

Citation: Milford Redevelopment & Housing Partnership v. Glicklin, 228 Conn. App. 593 (2024)
Parent Document: Milford Redevelopment & Housing Partnership v. Glicklin, 228 Conn. App. 593 (2024)
Jurisdiction: Connecticut (state)
Effective Date: 2024-10-15
Original Source: https://www.courtlistener.com/opinion/10136084/milford-redevelopment-housing-... ↗

Full Text

2,442 chars

We begin with the defendant’s argument that the pre-
          termination notice was jurisdictionally defective because
          it failed to provide her with the legally required amount
          of time to invoke the grievance process. The defendant
          argues that 42 U.S.C. § 1437d (k) (2) and (l) clearly and
          unambiguously required that she be given thirty days
          to start the grievance process. Thus, according to the
          defendant, because the pretermination notice that she
          received notified her that she had ten days to do so, it
          was legally insufficient. The plaintiff argues that 42
          U.S.C. § 1437d (k) (2) and (l) do not apply to the initia-
          tion of the grievance process and that it provided the
          defendant with a pretermination notice that complied
          with federal law because it informed the defendant that
          she had a reasonable period of time, ten days, to invoke
          the grievance process. We reject the defendant’s claim
          that the pretermination notice was jurisdictionally
          defective.9
          hereinafter. . . . (l) Termination of tenancy and eviction . . . (3) Lease
          termination notice. (i) The PHA must give written notice of lease termination
          of: (A) 14 days in the case of failure to pay rent; (B) A reasonable period
          of time considering the seriousness of the situation (but not to exceed 30
          days): (1) If the health or safety of other residents, PHA employees, or
          persons residing in the immediate vicinity of the premises is threatened; or
          (2) If any member of the household has engaged in any drug-related criminal
          activity or violent criminal activity; or (3) If any member of the household
          has been convicted of a felony; (C) 30 days in any other case, except that
          if a State or local law allows a shorter notice period, such shorter period
          shall apply. . . .’’
             9
               The defendant does not argue on appeal that the court lacked subject
          matter jurisdiction on the basis that the pretermination notice did not comply
          with state law. Accordingly, our analysis in this subsection is limited to
          whether the pretermination notice complied with federal law.
0, 0                     CONNECTICUT LAW JOURNAL                            Page 11

Other Sections in This Document (60)

Full Text